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28 April 2017 / Greg Williams
Issue: 7743 / Categories: Features , Wills & Probate
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​Ilott: a battle for independence?

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The Supreme Court decision in Ilott represents a qualified victory for testamentary freedom, as Greg Williams explains

  • Who can apply for reasonable financial provision from a deceased’s estate?
  • An award for financial provision shall always be determined to an objective standard.
  • An award is at the expense of those whom the testator intended to benefit.

In a claim against an estate, what constitutes reasonable financial provision? It is one which the courts have spent some years trying to answer. The recent, authoritative, decision of the Supreme Court in Ilott v The Blue Cross and others [2017] UKSC 17 assists us. In short, the answer is that an award for financial provision shall always be determined to an objective standard. The statutory criteria must be applied. Unfortunately, as Lady Hale pointed out in this case, the law gives no guidance as to the weight of the criteria to be considered in a specific scenario, such as in the case of an adult child. The result of the current law is that a court’s decision invariably

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

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Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
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A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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